Effective Date: August 15, 2025

1. Agreement to Terms

This Terms of Service agreement ("Terms") constitutes a legally binding agreement between you, the business entity you represent ("Client," "you," or "your"), and the owner and operator of ReviewNow.org ("ReviewNow," "we," "us," or "our").

By accessing our website, creating an account, or using our services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree with all of these Terms, you are expressly prohibited from using the Service and must discontinue use immediately.

2. Description of Service

ReviewNow provides a service that enables our Clients to request feedback and online reviews from their customers ("End-Users") through an automated SMS messaging workflow. The Service is designed to facilitate communication initiated by the Client based on a recent commercial transaction with an End-User and is strictly contingent upon the End-User's express consent.

3. Client Accounts and Responsibilities

  • Account Registration: To use the Service, you must register for an account and provide accurate, current, and complete information. You are responsible for safeguarding your account credentials and for all activities that occur under your account.

  • Lawful Basis for Contact: You represent and warrant that you have a direct, pre-existing business relationship with each End-User whose information you submit to the Service. You further warrant that you have obtained any necessary permissions to contact the End-User for the purposes of soliciting feedback.

  • Compliance with Laws: You agree to use the Service in strict compliance with all applicable laws and regulations, including, but not limited to, the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and all relevant data privacy laws. You are solely responsible for the legality of the messages sent on your behalf.

4. End-User Consent and Communication Protocol

The Service is a consent-based platform. You acknowledge and agree to the following protocol:

  • Initial Consent (Opt-In): The Service will send an initial SMS message to the End-User on your behalf. This message will identify your business and request the End-User's explicit consent to receive further messages by replying "YES". No further substantive communication will occur without this affirmative consent.

  • Revocation of Consent (Opt-Out): End-Users may revoke their consent at any time by replying with standard opt-out keywords, including "STOP," "CANCEL," or "UNSUBSCRIBE." Upon such a request, the Service will automatically cease all further communications with that End-User.

5. Use of Third-Party Services and AI

The Service integrates with various third-party platforms to function, including but not limited to Twilio (for SMS) and OpenAI (for AI-powered text generation). You acknowledge and agree that:

  • We are not responsible for the performance, data security, or privacy practices of these third-party services.

  • End-User feedback and job details may be transmitted to OpenAI's API to draft reviews or summarize feedback. While we strive to limit the transmission of personally identifiable information, you consent to this data processing as a core feature of the Service.

6. Fees and Payment

You agree to pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. All payment obligations are non-cancelable, and all amounts paid are non-refundable.

7. Intellectual Property Rights

The Service and its original content, features, and functionality are and will remain the exclusive property of ReviewNow and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

8. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms.

9. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

10. Limitation of Liability

IN NO EVENT SHALL REVIEWNOW, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY.

11. Indemnification

You agree to defend, indemnify, and hold harmless ReviewNow and its licensee and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; or b) a breach of these Terms, particularly any violation of laws such as the TCPA resulting from your failure to have a proper business relationship with an End-User.

12. Governing Law and Dispute Resolution

These Terms shall be governed and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in Broward County, Florida for the purpose of litigating all such claims or disputes.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide at least 30 days' notice prior to any new terms taking effect. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

14. Contact Us

If you have any questions about these Terms, please contact us at: care@reviewnow.org